The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-01-13

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Judge. As class, the druggists Of Kan |
Sas are as honorable men as are those en- |
gagged In any other legitimate business. |
They are Is earnestly anxious IS any |
other citizens can be to purge their pro-
fesslon OF those who are dfecrediting it |
by selling liquors for unlawful purposes.
And, acting through Q representative
board OF then own profession, they can
be relied upon, believe, to Cooperate
with and promote the work Of driving out
OF the drug trade those who ere deGrad-
ing it by violating the laws of the state.
firmly believe that these changes will
largely, II not entirely, remove all reason
able objections to the present law, and
am confident that they will effect great
and desirable reforms In the sale and use
OF intoxicating liquors.
THE ENFORCEMENT OF Law.
Our general theory and practice OF
law enforcement, however, needA atten-
ton. Section Of article /. Of the consti-
tuition, provides that ''the supreme ex
ecuIiVe power Of the state shall be vested
In q governor, who shall see that the
laws are faithfully executed" This pro
vision of our organic law IL, practically,
dead letter. because no authority has
ever been conferred upon the governor
to compel local oAeers, who are alone
entrusted with the enforcement of the
laws, to do their duty. Nearly eleven
years ago one OF my predecessors called
the attention OF the legislature to this
subject In special message, in which he
said:
$50 the local officers the execution of
the laws il directly entrusted. Over
them the executive has No control. In
deed, the procedure prescribed by law
to be employed against derelict local Of
f1cers Is SO cumbrOus and dIlatory in its
nature that the inevitable delays often
work complete sabversion of Justice.
1 am far from recommending that extra
ordinary powers be vested in the execu-
tive. The exercise of such would be dis
tasteful 70 me, and would be more likely
to bring reproach than honor to any chief
magistrate. It CO urs 70 me, however,
that in cases where local officers persis-
tently ouait or refuse to perform manifest
duties, or undertake them with the evil
dent purpose OF defeating the ends Of
Justice, it is not suGoIenE that the penal
ties Of the law should be invoked against
them but, where matters Of importance
are At stake, some one should have au-
thOrity to cause the duties neglected or
slighLed TO be faithfully performed.
"Such Instances have occurred and are
liable TO be repeated. Il has been the
misfortune OF some of our new counties
that the machinery Of their governments
was put in motion by considerations OF
uDprincipled men, who have anticipated
the public revenues and impaired the
credit of the counties for their own cor
rupt purposes. Grimes Of this character,
As well as those against the, lives and
property OF peaceab1e citizens, have too
frs quently gone unredressed. Local Of
flcers whose duty 1t was to prosecute the
offenders have either been Indifferent, or
implicated in them.'
Nothing was done ct that tiRe, nor has
any remedy since been provided, that
would enable the executive to fulfill the
duty dsVolved on him by the constitution.
County and city officers may abuse or
fail 70 perform their lawful functions
they may aid, abet or encourage persons
who are daily and hourly defying and
violating the constitution and laws Of
the state; they may neglect
or refuse to prosecute such
offenders even when the facts are brought
TO their notice; and yet the executive has
no more power to compel them to do
their duty, nor to punish them for refus-
ing to do it, than has any other citizen.
Ine,ther seek nor wish to exercise au-
tocratic authority. do not believe that
any interests, either Of morality. Justice or
law, can or would be promoted by vest
ing any officer with arbitrary power. But
surely some legal machinery ought to be
provided to enable the executive TO full
I'LL the requirements Of the contribution,
ana compel local officers to discharge
the plain duties OF their positions.
That intoxicating liquors are sold, as q
beverage, anywhere within the limits Of
Kansas, 10 not because of faults in our
laws touching this question. Those laws,
defective as they are In some features,
are ample enough in their directions, re-
strictions and penalties to punish every
person who either sells or buys liquors
for unlawful purposes. There Is not q
town, city or 4eighbOrhOod ia the state
in which an Illegal traGc in liquor can be
carried on for a single week il the local
emeers discharge their duties plainly en-
joined upon them by law, with zeal and
fidelity. Provide the necessary laws to
compel local officers to discharge their
sworn duties, and to remove them when
they neglect or refuse TO do so, and there
will be no need to make many other
changes in our statutes. On the other
hand, no matter what amendments are
made, nor what provisions are added to
the pres .nt Law, they will be Intellectual
so long as the municipal authorities OF
cities or counties can nullify or disregard
them without fear of removal or punish
ment.
RESULTS OF PRoHIBITION.
The public sentiment of Kansas IL over
wheimiagIy against the liquor traffic.
Thousands of men who, a few years ago,
oppos ed prohibition, or doubted whether
il was the best method Of dealing with
the liquor trsfflc, have seen and frankly
acknowledged its benefce results and
It's practical success. The temptations
with which the open saloon ellured the
youth OF the land to Disgrace and de-
struction; the appetite for liquor, bred
and nurtured within Its walls by the
treating custom; the vice, crime, poverty
suffering and sorrow OF which It ia always
the fruitful source-all these evil results
Of the open saloon have been abolished
in nearly every town and city in Kan
sa9. There Is not an Observing man in
the state who does not know that great
reform has been accomplished in Kansas
by prohibition. There Is not Q truthful
man in the state who viii not frankly &C
knowledge this fact, no matter what his
opinions touching the pO'icy OF prohibi-
ton may have been. And I firmly be-
lieve that If the Amendments to the law
have sugges ted are made, and II au-
thority is provided for compelling local
Officers to discharge the duties required
Of them by law, within three months
there will not be an open saloon in Kan
sAs, and the sale Of intoxicating Liquors
As q beverage will be practically abolish
ed.
Ing KEOWbu u lilo railway Bf3SSh %
Kansas, during the past two years, has
been phenomenal. Fully 1880 miles Of
new road have, during the period, been
completed, and since the first day Of
January, 1885. not less than 100 miles
have been finished. Many of the old
lines have, also, been generally and
substantially improved. In January,
1885, thirty-one Of the counties of Kan
sAs, as then defined, had not q mile Of
railway within their borders. To-day
all except fourteen Of our one hundred
counties are eraversed by one or more
lines of railway, and within six months
at least seven additional counties will
be provided with railroad facIl-
tiles. There are, at present, 5000 miles
of railway In operation within the limits
Of the state.
This marvellous development Of our
railway system, gratifying a. It IL to the
pride Of every citizen, Is nevertheless
source ofjust anxiety and apprehension.
While our great railway corporations are,
in theory, the mere creatures Of the state,
they are really organized tor the personal
profit of their owners and managers, and,